Miami Compassionate Release Lawyers
Helping You Through the Process of Seeking Early Release
If your loved one was convicted of a crime and sentenced to a term of imprisonment, and you feel extreme circumstances warrant their early release, you may be able to file a motion for compassionate relief. When you pursue this post-conviction option, the Bureau of Prisons (BOP) will consider various factors to determine whether your request for a reduction should be approved. Unfortunately, the process is not always straightforward, and you might face barriers when trying to have your loved one who is near the end of their sentence released early. Fortunately, you don't have to handle the matter on your own. You can seek the help of a skilled attorney who can guide you through the process.
Backed by over 40 years of combined experience, our Miami criminal defense lawyers at Hager & Schwartz, P.A. have the knowledge and skills to help file a motion for compassionate relief. We understand the complexities of this process and can explain what's required to get it started and whether your loved one is eligible for a reduction in sentence. Additionally, seeking early release requires presenting a compelling case on behalf of your loved one, and our team knows how to write persuasive arguments. We are sensitive to your needs and the needs of your loved one and will work hard toward a favorable outcome.
To learn more about submitting a motion for compassionate relief, call us at (305) 330-1360 today.
What Circumstances Might Warrant Early Release?
When you seek to have your loved one's sentence reduced, you must demonstrate that the situation warrants such relief. Under 18 U.S. Code § 3582, a prison term may be modified if "extraordinary and compelling reasons warrant such a reduction."
A motion for compassionate release can be filed under the following circumstances:
- Medical reasons: A reduction in sentence will be considered for inmates diagnosed with severe diseases.
- Non-medical reasons: An inmate 70 years of age or older who has served at least 30 years of their sentence may be eligible for early release.
- Death or incapacitation of a family member caregiver: Compassionate release may be sought when the inmate's family member who cares for their child has become incapacitated or dies.
- Incapacitation of a spouse or registered partner: If the inmate is the only family member who can provide care to their spouse or registered partner who has become incapacitated, a reduction in sentence may be granted.
What Factors Are Considered When Pursuing Compassionate Release?
When you file a motion for early release, the matter must be reviewed by various individuals before your request is approved or denied. One of the BOP's primary concerns is whether, upon release, the inmate would pose a danger to the community.
As such, when considering a motion for compassionate relief, the following factors may be taken into account:
- The offense the inmate was convicted of
- The inmate's criminal history
- Victim statements
- Whether conditions of supervised release were violated
- The inmate's adjustment to incarceration
- Whether the inmate committed any disciplinary infractions
- Personal history
- Incarceration sentence and length of time served
- Inmate's current age and age when the offense occurred
- Release plans
- Impact of release on the severity of the offense
If the request is approved, the inmate will be released. If it is denied, depending on who made the denial, the inmate may have the opportunity to appeal the decision.
Speak with Hager & Schwartz, P.A. Today
If you're seeking early release for your incarcerated loved one, our Miami compassionate relief attorneys are here to help. We understand how confusing the criminal justice system can be, which is why we'll stand beside you throughout the process, answering questions and providing sound guidance.
I will be forever grateful.- B. D.
Couldn't have done it without him!- Erika
I strongly recommend John Hager.- Sara
So grateful to have found Brett Schwartz!- Rachel
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